Data Mining Under the Directive on Copyright and Related Rights in the Digital Single Market: Are European Database Protection Rules Still Threatening the Development of Artificial Intelligence?

2020 ◽  
Vol 69 (5) ◽  
pp. 457-473 ◽  
Author(s):  
Romain Meys
Keyword(s):  
Artificial Intelligence ◽  
Data Mining ◽  
European Union ◽  
Data Sharing ◽  
Personal Data ◽  
The European Union ◽  
European Database ◽  
Data User ◽  
Database Protection ◽  
Start Ups

Abstract This paper explores how the existing European rules on the legal and contractual protection of databases limit the re-use of non-personal data by start-ups and SMEs for the purpose of developing artificial intelligence in the European Union. This analysis aims to determine whether the recent initiatives on data mining and data sharing are adequate to ensure an appropriate level of data re-usability for that purpose. In turn, this paper argues that additional reforms are needed to establish a more balanced European framework on the legal and contractual protection of databases. Therefore, it contemplates the introduction of data user rights, which would facilitate the access and re-use of non-personal data by the enterprises in question.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

scholarly journals Smart Cities, Big Data, Artificial Intelligence and Respect for the European Union Data Protection Rules

2020 ◽  
Vol 3 (2) ◽  
pp. 101
Author(s):  
Francisco Javier Durán Ruiz
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Big Data ◽  
Data Protection ◽  
Smart City ◽  
Smart Cities ◽  
Open Data ◽  
Personal Data ◽  
Point Of View ◽  
The European Union

The importance of cities and their populations grow more and more, as well as the need to apply ICT in their management to reduce their environmental impact and improve the services they offer to their citizens. Hence the concept of smart city arises, a transformation of urban spaces that the European Union is strongly promoting which is largely based on the use of data and its treatment using Big data and Artificial Intelligence techniques based in algorithms. For the development of smart cities it is basic, from a legal point of view, EU rules about open data and the reuse of data and the reconciliation of the massive processing of citizens' data with the right to privacy, non-discrimination and protection of personal data. The use of Big data and AI needed for the development of smart city projects requires a particular respect to data protection regulations. In this sense, the research explores in depth the specific hazards of vulnerating this fundamental right in the framework of smart cities due to the use of Big Data and AI.

scholarly journals Free movement of data in the European Union: opportunity or big challenge in a use of artificial intelligence?

2020 ◽  
pp. 29-39
Author(s):  
Ineta Breskienė
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Personal Data ◽  
Free Movement ◽  
The European Union ◽  
Regulatory Changes ◽  
Artificial Intelligence Technology ◽  
Using Data ◽  
Near Future ◽  
Made In

This article analyses the current situation in the European Union related to the free movement of data, relationship between personal data, non – personal data and their use in artificial intelligence technology. Despite the European Union’s efforts to facilitate the free movement of data, some relevant obstacles are currently being observed. Artificial intelligence technology faces difficulties in using data. Despite the fact that large amounts of data are now increasingly accessible to such technology, its ability to de-anonymize data poses risks of turning simple data into personal data and making its use a challenge for artificial intelligence developers. The issues raised are sensitive and some regulatory changes should be made in the near future in order for the European Union to remain a leader in emerging technologies.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

scholarly journals Prawo właściwe dla zobowiązań deliktowych wynikających z naruszenia zasad ochrony danych osobowych przyjętych w RODO

2020 ◽  
pp. 39-59
Author(s):  
Marek Świerczyński
Keyword(s):  
European Union ◽  
International Law ◽  
Personal Data ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
National Courts ◽  
International Data ◽  
Conflict Of Law

Disputes arising from international data breaches can be complex. Despite the introduction of new, unified EU regulation on the protection of personal data (GDPR), the European Union failed to amend the Rome II Regulation on the applicable law to non-contractual liability and to extend its scope to the infringements of privacy. GDPR only contains provisions on international civil procedure. However, there are no supplementing conflict-of-law rules. In order to determine the applicable law national courts have to apply divergent and dispersed national codifications of private international law. The aim of this study is to propose an optimal conflict-of-law model for determining the applicable law in case of infringement of the GDPR’s privacy regime.

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